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Allahabad High Court

MUKHBIR SINGH AND 2 OTHERSversusState of U.P. AND ANOTHER

Decided

Holding

The Court held that where the parties have settled their dispute, the criminal proceedings may be quashed under Section 482 of the Criminal Procedure Code.

Summary

The applicants filed an application under Section 482 of the Criminal Procedure Code seeking to quash the criminal proceedings (Case No. 2059 of 2013) filed by the State of Uttar Pradesh under IPC sections 498-A, 323 and 504. The parties had entered into a compromise on 10 July 2024, which was verified by the trial court, and the opposite party consented to the quashing. The High Court examined the settled nature of the dispute and relied on established Supreme Court precedents that allow quashing of criminal cases where the parties have resolved their grievances. Finding the compromise genuine and unopposed, the Court exercised its inherent powers under Section 482 to quash the entire proceedings against the applicants. The application was allowed and the criminal case was dismissed.

Issues considered

  • Whether a criminal proceeding under Sections 498-A, 323 and 504 IPC can be quashed under Section 482 Cr.P.C. on the basis of a compromise between the parties.

Legislation cited

Subjects

  • Section 482
  • quash of criminal proceedings
  • compromise settlement
  • IPC 498-A
  • IPC 323
  • IPC 504
  • High Court of Allahabad
  • criminal procedure

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 482 No. - 25315 of 2024

Mukhbir Singh And 2 Others
                                                           .....Applicant(s)
                                  Versus

State of U.P. and Another
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)              :    Pramod Kumar Singh
Counsel for Opposite Party(s)         :    G.A., Shyam Babu Vaish

Court No. - 83
                  HON'BLE CHAWAN PRAKASH, J.

1. Heard Mr. Pramod Kumar Singh, learned Counsel for the applicants,
Mr. Shyam Babu Vaish, learned Counsel for opposite party no.2 and
learned AGA for the State and perused the records. The supplementary
affidavit, filed today, is taken on record.

2. The present application under Section 482 Cr.P.C. has been filed by the
applicants with the following prayer:

"It, is therefore most respectfully prayed that this hon'ble court may
graciously be pleased to allow this application and quash the entire
proceedings of Case No. 2059 of 2013 (State of U.P. vs. Mukhbir Singh &
others) arising out of Case Crime no. 68 of 2013, U/s 498-A, 323, 504,
I.P.C. Police Station Mahila Thana, District Kanpur Nagar, as well as
N.B.W. order dated 22.05.2015 pending in the court of A.C.J. (J.D.) VII
Kanpur Nagar on the basis of Compromise dated 10.07.2024 occurred
between both parties."

3. Learned Counsel for the applicants has submitted that the applicants
and opposite party no.2 have compromised the dispute. It is further
argued that the said compromise has also been verified by the concerned
Trial Court, as such the proceedings against the applicants may be
quashed.

4. Learned counsel for opposite party no.2 admitted the fact of
compromise and stated that he has no objection if the proceeding of the
aforesaid case is quashed against the applicants.
                                                                                           A482 No. 25315 of 2024
                                                                   2


                                    5. From the perusal of the record it is apparent that parties have entered
                                    into compromise and have settled their dispute amicably.

                                    6. The law with regards to quashing of a case on the basis of settlement
                                    arrived between the parties, is well settled. The Apex Court in the cases of
                                    (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4
                                    SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation :
                                    (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16
                                    SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5)
                                    Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC
                                    278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur
                                    and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has
                                    held that the cases in which the parties have settled their grievances can
                                    be quashed.

                                    7. From perusal of the records and the law laid down by the Apex Court
                                    on the subject matter, the present case is a good case for exercising
                                    powers by this Court to quash the proceedings as prayed for by the
                                    applicants.

                                    8. The entire proceedings of the aforesaid case with regard to the present
                                    applicants are hereby quashed.

                                    9. The present application is allowed.




                                                                                         (Chawan Prakash,J.)
                                    September 21, 2026
                                    Vijay




Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad


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